“We can’t further delay action on climate change,” Gregoire said. “This executive order benefits our economy as much as our environment. It will protect our natural resources, while creating thousands of green-collar jobs and strengthening our state’s competitiveness in the global race for a clean energy economy.”
Gregoire issued her executive order, entitled “Washington’s Leadership on Climate Change,” after testifying in front of a U.S. EPA panel in Seattle. The panel hearing was held to gather comments on an EPA proposal to issue a finding that greenhouse gases pose a threat to public health and welfare.
She urged EPA to take action to limit emissions of climate-changing greenhouse gases.
“We recently learned that climate change will cut the winter snowpack in the Cascades by at least 20 percent,” Gregoire said. “This will have a devastating impact not only on recreation, but also on our water supply, our agriculture industry, and our domestic fish populations. This news is another wake-up call, and one more reason that inaction is not an option. We as a nation and a state must address climate change today. Tomorrow is too late.”
In her executive order, Gregoire directed state agencies to:
- Develop emission reduction strategies and industry emissions benchmarks to make sure 2020 reduction targets are met.
- Work with TransAlta to reduce emissions from the company’s coal-fired power plant near Centralia by more than half.
- Ensure Washington has trees to capture harmful carbon, while creating financial incentives for the forestry industry.
- Work on low-carbon fuel standards or alternative requirements to reduce carbon emissions from the transportation sector.
- Join with neighboring states and the private sector to implement a West Coast highway accessible to electric and alternative-fuel vehicles.
- Address rising sea levels and the risks to water supplies.
- Increase transit options, such as buses, light rail, and ride-share programs, and give Washington residents more choices for reducing the effect of transportation emissions.
- Continue to work with six other Western states and four Canadian provinces in the Western Climate Initiative to develop a regional emissions reduction program design.
- Work with the Obama Administration to help design a national program that is strong, and reflects state priorities.
“We must protect the health of citizens, the health of our environment, and the health of our economy, from the threats of climate change. We must leave a legacy for our children and grandchildren to enjoy,” Gregoire said. “We will do this by inviting leadership and innovation, which will lead to the creation of thousands of green-collar jobs.”
Gregoire thanked Rep. Dave Upthegrove (D-Burien) and Sen. Phil Rockefeller (D-Bainbridge Island) for their tireless efforts to pass legislation this past session. She also thanked the many environmental groups engaged in the fight against climate change.
“I want to commend the governor for her tenacity and leadership in pushing forward on our state response to climate change,” said Rockefeller. “Not only is she a leader in our state efforts, she has clearly impacted the creation of the Western Climate Initiative and is in a position to influence national leaders. This executive order is a significant step forward. Where the legislature faltered, the governor didn’t give up.”
“Today’s action by the governor represents meaningful progress towards reducing emissions, and assures that Washington remains a key player in the national conversation on climate change,” said Upthegrove.
Online Forum Promotes Transparency and Openness in Government
Regulations.gov is the one-stop, online source for citizens to search, view and comment on regulations issued by the U.S. government.
In the past, the paper process limited the public’s ability to find rules and comment. Today, the public can explore new features for Regulations.gov, post opinions, engage directly with other users and with eRulemaking program staff. Regulations.gov Exchange will be open for public participation from May 21–July 21, 2009.
“We’re always looking for new, innovative ways to engage the public, and get more people involved in the regulatory process,” said John Moses, EPA’s eRulemaking program director. “Every member of the public can post their opinion directly on Regulation.gov Exchange without boundaries, shaping and improving Regulations.gov.”
Regulations.gov Exchange promotes public engagement by actively involving citizens in the development of a major government-wide website, and uses new technologies that enhance the transparency of government decision-making. The public feedback will shape on-going updates of Regulations.gov, explore the impact of emerging Internet technologies on the federal rulemaking process, foster government-citizen collaboration, and promote government transparency and openness.
In 2008, Regulations.gov received more than 110 million hits and 450,000 comments on new or existing regulations. It holds 2 million documents from more than 160 federal entities.
First Comprehensive Report Looking at the Human Impact of Climate Change Now Available
Kofi A. Annan, President of the Global Humanitarian Forum, has introduced a major new report addressing the human impact of climate change.
The Human Impact Report is the first consolidated volume specifically and exclusively which focuses on the adverse impacts of the climate change on the human society across the world. The report is based on the latest information and input from leading world scientists on the human impact of climate change.
The report includes an estimate on the numbers of the people who die as the result of climate change, the economic cost of climate change, as well as making projections 20 years into the future.
The aim of the report is inform both the general public and senior policymakers about the far-reaching impact of climate change on human lives.
Bird Flu Virus Could Remain Infectious in Landfills Up to 600 Days
Amid concerns about a pandemic of swine flu, researchers from Nebraska report for the first time that poultry carcasses infected with another threat—the “bird flu” virus—can remain infectious in municipal landfills for almost 2 years.
Shannon L. Bartelt-Hunt and colleagues note that avian influenza, specifically the H5N1 strain, is an ongoing public health concern. Hundreds of millions of chickens and ducks infected with the virus have died or been culled from flocks worldwide in efforts to control the disease. More than 4 million poultry died or were culled in a 2002 outbreak in Virginia, and the carcasses were disposed of in municipal landfills. Until now, few studies have directly assessed the safety of landfill disposal.
According to the report, “The objectives of this study were to assess the survival of avian influenza in landfill leachate and the influence of environmental factors.” The data showed that the virus survived in landfill leachate—liquid that drains or “leaches” from a landfill—for at least 30 days and up to 600 days. The two factors that most reduced influenza survival times were elevated temperature and acidic or alkaline pH. “Data obtained from this study indicate that landfilling is an appropriate method for disposal of carcasses infected with avian influenza,” says the study, noting that landfills are designed to hold material for much longer periods of time.
Climate Change Responsible for 300,000 Deaths a Year, According to Global Humanitarian Forum
Kofi A. Annan, President of the Global Humanitarian Forum, has introduced a major new report addressing the human impact of climate change. The report was reviewed by leading international experts, including Rajendra Pachauri of the IPCC, Jeffrey Sachs of Columbia University, and Barbara Stocking of Oxfam.
The report estimates that climate change today accounts for over 300,000 deaths throughout the world each year, the equivalent of an Indian Ocean Tsunami every single year. The report also projects that by 2030, worldwide deaths will reach almost 500,000 per year; people affected by climate change annually expected to rise to over 600 million, and the total annual economic cost increase to around $300 billion. The report was issued immediately prior to official preparatory talks in Bonn for a new UN international climate agreement to succeed the Kyoto Protocol, which expires in 2012. These talks will culminate at the United Nations Climate Change Conference in Copenhagen in December 2009.
It also indicates that climate change today seriously impacts on the lives of 325 million people. In twenty years time that number will more than double to an estimated 660 million, making it the largest emerging humanitarian challenge in the world, impacting on the lives of 10% of the world’s population.
Economic losses due to climate change already amount to over $125 billion per year. This is more than the individual GDP of 73% of the world’s countries, and is greater than the total amount of aid that currently flows from industrialized countries to developing nations each year. By 2030, the economic losses due to climate change will have almost tripled to $340 billion annually.
The Global Humanitarian Forum commissioned Dalberg Global Development Advisers to develop the report in December 2008 by collating all relevant information and current statistics relating to the human impact of climate change. Within the limitations of existing research, the report presents the most plausible estimate of the impact of climate change on human society today.
Mr. Annan said, “Climate change is a silent human crisis. Yet it is the greatest emerging humanitarian challenge of our time. Already today, it causes suffering to hundreds of millions of people most of whom are not even aware that they are victims of climate change. We need an international agreement to contain climate change and reduce its widespread suffering.”
“Despite its dangerous impact, climate change is a neglected area of research since much of the debate has focused on the long term physical effects. The point of this report is to focus on today and on the human face climate change.
“Just six months before the Copenhagen summit, the world finds itself at a crossroads. We can no longer afford to ignore the human impact of climate change. Put simply, the report is a clarion call for negotiators at Copenhagen to come to the most ambitious international agreement ever negotiated, or continue to accept mass starvation, mass sickness and mass migration on an ever growing scale.”
According to the report, a majority of the world’s population does not have the capacity to cope with the impact of climate change without suffering a potentially irreversible loss of wellbeing and risk of loss of life. The populations most gravely at risk are over half a billion people in some of the poorest areas that are also highly prone to climate change—in particular, the semi-arid dry land belt countries from the Sahara to the Middle East and Central Asia, sub-Saharan Africa, South and South East Asia, and small island developing states.
Mr. Annan was joined at the launch by report review panelist Barbara Stocking, chief executive of Oxfam GB and Global Humanitarian Forum Board Member, who stated, “Climate change is a human crisis which threatens to overwhelm the humanitarian system and turn back the clock on development. It is also a gross injustice—poor people in developing countries bear over 90% of the burden—through death, disease, destitution and financial loss—yet are least responsible for creating the problem. Despite this, funding from rich countries to help the poor and vulnerable adapt to climate change is not even 1 percent of what is needed. This glaring injustice must be addressed at Copenhagen in December.”
EPA Advises Facility Operators to Minimize Releases During Hazardous Weather Events
As hurricane season approaches, EPA is issuing a Hazardous Weather Release Prevention and Reporting alert to remind facility operators of certain regulations that require minimization of chemical releases during process shutdown operations. This alert is designed to increase awareness among facility operators about their obligation to operate facilities safely and report chemical releases in a timely manner.
The alert specifies operational release minimization requirements and clarifies reporting requirements, including exemptions. Unlike some natural disasters, the onset of a hurricane is predictable and allows for early preparations to lessen its effect on a facility. Before hurricane force winds and associated storm surge flooding have a chance to damage industrial processes, the alert recommends that operators take preventive action by safely shutting down processes, or otherwise operating safely under emergency procedures.
Scientists Meet to Discuss New Method on Studying How Toxic Chemicals Impact Human Health
ToxCast is an innovative approach for profiling how chemicals in our environment impact important biological pathways that are critical for the function of the body’s systems such as the heart, lungs, brain, or reproductive organs.
EPA launched the ToxCast research program in 2007 to develop a cost-effective approach for prioritizing the toxicity testing of large numbers of chemicals in a short period of time. This new approach to determining how toxic chemicals could impact human health uses cutting-edge biological tests to determine how chemicals affect cellular functions. ToxCast will help EPA determine under what conditions environmental exposures pose risks to human health.
During the first phase of ToxCast, EPA researchers conducted more than 200,000 experiments looking at the interactions between approximately 300 chemicals and 500 biological targets such as hormone receptors and liver enzymes. EPA researchers provided early access to the initial ToxCast data to research groups around the world, and this data was the foundation for discussions at the meeting. To evaluate the value of ToxCast, the new data is being compared to those generated by traditional toxicity testing methods.
Based upon input from the meeting, EPA researchers are now preparing to launch a second phase of the ToxCast program that will expand on and verify the ability of this approach to predict potential human toxicity. EPA expects to complete this second phase of ToxCast over the next several years, and at that time be ready to deliver an innovative computational method for evaluating potential health impacts of environmental chemicals.
EPA and Pfizer, Inc. announced at the meeting that the company is making public clinical data on more than 100 drugs that showed adverse effects in clinical human testing. EPA will run the compounds through ToxCast, which will provide a critical and direct link to human toxicity outcomes.
EPA Gives Green Light for First Antimicrobial Pesticide Against Anthrax
“Peridox with the Electrostatic Decontamination System” can decontaminate buildings, structures, vehicles, ships, aircraft, personal protective equipment, and other items infected with anthrax spores. Its use is limited to dry, precleaned, hard, nonporous surfaces.
EPA reviewed extensive data provided by the manufacturer, Clean Earth Technologies, to be sure that the product will be effective and not cause unreasonable adverse effects. EPA also reviewed the labeling of Peridox and associated training materials to ensure that they are consistent with EPA’s Pesticide Registration Notice 2008-2, which specifies the terms and conditions that would apply to anti-anthrax products.
The notice provides guidance to prospective applicants of antimicrobial products that claim to deactivate anthrax spores. The availability of such products will better prepare the United States to respond to anthrax incidents. The guidance assures that anthrax-related products are registered, bear appropriate labeling, and are effective when applied as directed. The use of anthrax-related products will be limited to federal on-scene coordinators, the U.S. military, and persons trained and certified competent by the manufacturer.
Peridox is the first pesticide registered to deactivate anthrax spores. EPA previously issued crisis exemptions allowing use of unregistered antimicrobial chemicals to clean buildings and any contents contaminated with anthrax spores.
Anthrax is a disease caused by Bacillus anthracis. Both humans and animals are susceptible. Anthrax, if untreated, can cause acute illness or death.
BP Pays $1 Million in Fines for Violations of California’s Clean Air Regulations
California’s Air Resources Board (ARB) has announced that it has fined BP West Coast Products over $1 million for 17 violations of California’s clean air regulations relating to fuels.
Most of the violations were clerical errors that led to inaccurate reporting to enforcement officials. While the mistakes did not lead to increased emissions, the state depends on accurate accounting to assure that more serious errors do not occur.
“The large fine reflects the number of smaller violations and the size of BP’s role in California’s energy market,” said ARB Chairman Mary D. Nichols. “Seemingly small mistakes can have major consequences and accurate accounting is crucial to protecting public health.”
BP’s violations, found by enforcement officials examining operations and BP informing ARB of errors, included misreporting the characteristics of fuel brought into the state, failures to appropriately report the shipping and unloading of fuel, and shipping fuel to California that did not meet evaporative emission standards. BP violations consisted of:
Eight violations of shipping fuel that violated evaporative emission standard ($435,000);
- Two failures to appropriately notify ARB of discharging of fuel ($30,000);
- One failure to add appropriate deposit-control additives ($440,000);
- Four citations for shipping of fuel that did not match BP documentation of blend ($110,000);
- One violation of excess ethanol ($3,000); and,
- One violation of excess sulfur ($80,000).
Fuel suppliers must account for the chemical characteristics of all fuel they bring into the state, clearly map the distribution of the fuel and advise the state of that schedule.
The regulation, adopted in April, calls for the reduction of greenhouse gas emissions from California’s transportation fuels by ten percent by 2020. The new regulation is aimed at diversifying the variety of fuels used for transportation, boosting the market for alternative-fuel vehicles, and achieve 16 million metric tons of greenhouse gas emission reductions by 2020.
Hecla Fined $177,500 for Clean Water Act Violations at Lucky Friday Mine in Idaho
Hecla Mining Company, operator of the Lucky Friday Mine and Mill near Mullan, Idaho, will pay a $177,500 fine for violations of its National Pollutant Discharge Elimination System (NPDES) wastewater permit. The silver, lead, and zinc mine exceeded its permit limits for lead, zinc, cadmium, and total suspended solids between September 2008 and February 2009. Discharges from the facility enter the South Fork Coeur d’Alene River.
In addition to assessing these civil penalties, EPA has issued an administrative order to Hecla requiring the company to upgrade the Lucky Friday wastewater treatment system and achieve full compliance with its permit no later than June 1, 2009.
“Unchecked industrial discharges have serious environmental consequences for our rivers, lakes and streams,” said Ed Kowalski, Director of Compliance and Enforcement at EPA’s Seattle office. “Compliance with wastewater permits is critical to protecting Idaho’s waterways. Bringing this facility into compliance and reducing the metals load is a significant step forward in protecting and restoring the South Fork of the Coeur d’Alene River.”
Water quality within the South Fork of the Coeur d’Alene River is severely degraded due to dissolved metals from historic mining activities. Major tributaries are devoid of aquatic life due to high concentrations of dissolved metals such as zinc and cadmium, while other areas provide only partial support for fish and other aquatic species (e.g., suitable for migration but not spawning and rearing).
The Lucky Friday operations are the most significant contributor of metals to the South Fork Coeur d’Alene River above Mullan. The NPDES permit limits were developed to ensure that the discharges from the Lucky Friday operations are protective of fish and other aquatic life in the South Fork Coeur d’Alene River.
The NPDES permit program controls water pollution by regulating point sources that discharge pollutants into the waters of the United States. Wastewater discharges from industrial sources, such as mining operations may contain pollutants at levels that could affect the quality of water bodies and waterways.
American Metal Coatings Fined Over $100,000 for Hazardous Waste Violations
American Metal Coatings, Inc., has agreed to pay Ohio EPA more than $100,000 to settle past hazardous waste violations at its metal plating facility located in Cleveland. The company addressed the violations and now operates in compliance with Ohio’s hazardous waste laws.
During a May 2007 facility inspection, Ohio EPA found American Metal Coatings had stored at least 23 containers of hazardous wastes for at least four years.
In addition, the inspector found some containers leaking used oil onto a concrete floor, which the company immediately cleaned up. Because the concrete floor was in good condition, no additional remediation work was required.
U.S. Army Research Facility Agrees to Pay Penalty for Hazardous Waste Violations
The U.S. Army Cold Regions Research and Engineering Laboratory in Hanover, New Hampshire will pay $89,500 for violations of federal and state hazardous waste management laws.
Following an EPA inspection in 2007, EPA alleged that the facility failed to determine whether numerous containers held hazardous wastes and failed to properly label hazardous wastes containers. Additionally, EPA alleged that the facility accumulated hazardous waste in an area with a floor drain without taking measures to prevent a leak or spill. The facility is currently in compliance with these RCRA requirements.
Hazardous waste generators must fully evaluate and disclose their waste streams so that proper decisions can be made on how to handle such materials. Conducting hazardous waste determinations and properly labeling containers allows facilities and regulators to safely handle the chemical wastes that are generated, used and stored within a particular facility.
The Cold Regions Laboratory conducts research on the impacts of human activity on the environment in cold regions, as well as the cold effects on construction operations and the maintenance of facilities. Additionally, the facility performs cold-related problem solving for materials used in cold environments and researches the nature and characteristics of snow, ice, frozen ground, and other materials. The facility generates laboratory chemical wastes through these processes.
Owens-Brockway Fined for Particulate Emission Violations
U.S. EPA Region 5 has reached an agreement with Owens-Brockway Glass Container Inc. on alleged Clean Air Act violations at the company’s glass container manufacturing plant in Streator, Illinois.
The agreement, which includes a $76,725 penalty, resolves EPA allegations that Owens-Brockway violated federally enforceable state regulations and its state operating permit by allowing excessive amounts of particulates (i.e., smoke, dust, ash) to be emitted from its glass melting furnace. The alleged violations were discovered during review of information submitted in response to an EPA information request.
In a related action, Owens-Brockway agreed to use an electric boost and glass production rate schedule to reduce particulate emissions from its glass melting furnace. The company has shown that the method is effective by conducting a number of stack tests, and will incorporate the method into its state operating permit.
Federal Entities Agree to Pay Fine and Reduce Pollution to Settle UST Violations
Two federal entities will pay a fine and enhance how they manage underground storage tanks () at a facility in Puerto Rico to settle a case with the U.S. EPA. The Puerto Rico Army National Guard and the Army & Air Force Exchange Service will together pay a $69,000 fine and ensure the USTs at their Camp Santiago facility in Salinas, Puerto Rico, comply with Puerto Rico UST requirements. The Guard will also install a system to conserve water and reduce pollution at the facility, estimated to cost $670,000. These actions resolve complaints issued by EPA to the two entities in August 2008.
A UST system commonly stores petroleum or hazardous wastes. There are about 625,000 systems nationwide, and they can harm the environment and human health if their contents are released.
“The Puerto Rico Army National Guard and the Army & Air Force Exchange Service have taken responsibility for their failure to comply with the law, and are working not just to comply, but also use water more efficiently and prevent pollution at Camp Santiago,” said EPA Acting Regional Administrator George Pavlou. “Underground tanks can cause serious damage as they leak, and it is critical that all entities, including the federal government properly manage them.”
Going beyond the Puerto Rico UST management requirements, the Puerto Rico Army National Guard will install a gauge to detect tank leaks automatically, and the Army & Air Force Exchange Service will develop a monitoring plan for its tanks in use in Puerto Rico. The Guard will install a system that recycles water used to wash vehicles in its fleet, which will help prevent the release of oils, grease, and other substances. The system is considered a supplemental environmental project, or SEP, which is an environmentally-beneficial project that a violator will not otherwise be required to perform.
Camp Santiago is a training center for military activities, and contains vehicle fueling and maintenance areas.
EPA Fines Southwest Asphalt $18,200 for Failing to Protect Emergency Responders and the Public
Southwest Asphalt failed to provide chemical hazard information and submit a chemical inventory for its facility to local emergency responders for the 2006 reporting year. In 2006, the facility converted to an asphalt manufacturing plant which stored asphalt cement, boiler oil, and diesel fuel at levels that required reporting. The company has since corrected the violations.
“Southwest Asphalt violated a law that ensures first responders can take appropriate action to safeguard themselves and the community,” said Daniel Meer, the EPA’s assistant Superfund director for the Pacific Southwest region. “Facilities need to be aware of these reporting requirements that protect emergency responders and the public in the event of an accidental release.”
The chemical hazard information and inventory are essential planning tools in the event of an emergency. The Emergency Planning and Community Right-to-Know-Act requires all facilities using hazardous substances above specified quantities to provide chemical hazard information and annual chemical inventory information to state and local emergency planners and fire departments for inclusion in the community emergency plan.
F&P Fined $13,540 for Violating Air Pollution Control and Solid Waste Management Requirements
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $13,540 penalty against Worcester property management company F&P, LLC, for violating Air Pollution Control and Solid Waste Management regulations on its property in Worcester, Massachusetts.
Initiated by a call from the Worcester Fire Department on November 29, 2007, MassDEP conducted an inspection of the site and determined that the company had been operating an incinerator without having a valid Air Quality plan approval issued by MassDEP. In addition, the company was burning building materials and foam, which constitutes illegal solid waste disposal, and it acted as a Solid Waste Management Facility without having a Site Assignment, in direct violation of Solid Waste Management regulations.
“The burning of materials in this manner not only creates conditions of air pollution, it represents an illegal disposal wastes, which is strictly prohibited,” said Martin Suuberg, director of MassDEP’s Central Regional Office in Worcester.
MassDEP assessed the penalty after attempts to reach a negotiated settlement with the company could not be achieved.
Drury Development Corporation Agrees to Settlement Terms for Alleged Failures to Inform St. Louis Tenants of Lead Hazards
Drury Development Corporation, of St. Louis, has agreed to replace windows and remove lead from four of the single-family residential properties that it leases in the city, as part of a settlement with EPA Region 7 over allegations that it failed to inform tenants about actual and potential lead-based paint hazards in its pre-1978 housing.
Drury Development will pay a civil penalty of $3,479 and will spend an additional minimum of $31,311 on an SEP in which a total of 54 lead-based painted windows will be replaced with lead-free windows at Drury’s properties.
According to a consent agreement and final order, from January 2007 to November 2007, Drury allegedly failed to provide a required lead paint hazard information pamphlet and statement to its tenants before the tenants were obligated under lease agreements. The corporation does not admit or deny those allegations in the settlement.
The Lead-Based Paint Disclosure Rule is a public right-to-know regulatory initiative under the Residential Lead-Based Paint Hazard Reduction Act. The intent of the act and its accompanying regulations is to help prevent exposure to lead-based paint by requiring disclosure and notification of actual and potential hazards when selling or leasing housing.
The disclosure rule requires landlords, sellers, and real estate agents to provide prospective tenants and purchasers a lead hazard information pamphlet, any information and/or reports about lead-based paint hazards at the property, and a lead-based paint disclosure form with a lead warning statement to be signed by the parties involved. Sellers must also provide purchasers with an opportunity to conduct a lead-based paint evaluation.
Maine Storage Facility Pays Fine for Chemical Reporting Violations
The owner of a storage facility in Bangor, Maine, will pay a fine of $17,121 to settle EPA claims that it violated chemical reporting requirements under the federal Emergency Planning and Community-Right-to-Know Act ().
According to EPA, Galt Block Warehouse failed to prepare and submit and emergency and hazardous chemical inventory forms to the local emergency planning committee, the state emergency response commission, and the local fire department, in violation of EPCRA.
During an inspection in May 2007, EPA determined that Galt was storing sulfuric acid, lead, and propane gas in amounts greater than the minimum threshold levels allowed before reporting requirements are triggered. In particular, Galt had 3,190 pounds of sulfuric acid, exceeding the threshold limit of 500 pounds before a Tier II form must be submitted. Sulfuric acid, lead, ammonia, and propane gas are hazardous substances that require special storage and handling.
The use of these chemicals must be reported under federal laws so that emergency responders are able to take necessary safety precautions to protect themselves and the public in the event of an emergency situation at the facility.
Frederick County, Maryland Settles UST Violations
The Board of County Commissioners of Frederick County, Maryland, has settled alleged violations of underground fuel storage tank regulation.
Frederick County, the owner and operator of three USTs located at the Fleet Services Department in Frederick, Maryland, has agreed to pay a $4,600 penalty to settle alleged violations of federal regulations designed to prevent, detect, and control fuel leaks from USTs.
As part of the settlement, the county will also complete an environmental project at a cost of $22,500. This project will consist of installing an automatic tank gauging monitoring program for the county’s 12,000 gallon above-ground gasoline tank located at the Law Enforcement Center and two 6,000-gallon above-ground diesel tanks located at the Transit Facility. The monitoring system will be connected to a dedicated computer with specialized software tracking the tank release detection alarms thereby providing more frequent and better reliable monitoring of the three above-ground tanks so that appropriate response action can be taken quickly in case of any release.
EPA cited the county for failing to maintain complete records of release detection between March and December 2007 for three underground storage tanks. EPA also alleged that the county failed to perform automatic line leak detector testing annually between 2004 and 2007 and failed to perform required annual line tightness testing between October 2006 and May 2007.
As part of the settlement, the county neither admitted nor denied liability for the alleged violations, but certified its compliance with applicable UST regulations. The settlement reflects the county’s cooperation with EPA’s investigation, and good faith compliance efforts.
Playtex Products Fined over $10,000 for Hazardous Waste Violations
Department of Natural Resources and Environmental Control Secretary Collin O’Mara has issued a Notice of Administrative Penalty Assessment and Secretary’s Order to Playtex Products, Inc., for violations of Delaware’s laws and regulations governing hazardous waste management at its manufacturing plant in Dover. The order includes a cash penalty of $10,000 and an additional $1,500 as cost recovery reimbursement to the department for expenses associated with its investigation.
The Playtex Dover facility and quality assurance laboratory located at 50 North DuPont Highway generates hazardous waste as a result of quality assurance testing of its products, which include feminine, skin, and infant care products.
During a compliance assessment on September 4, 2008, the Department identified 14 violations of Delaware’s regulations governing hazardous waste. The violations include storing leaking containers of hazardous waste, storing hazardous waste in open containers, improperly labeling containers of hazardous waste, failing to make a hazardous waste determination, and failing to conduct weekly inspections of hazardous waste accumulation areas, in addition to other violations. Hazardous waste materials included waste methanol, damaged lead acid batteries, and various liquid and solid hazardous wastes.
Playtex Products, Inc. has 30 days to request a public hearing before the order becomes final.
Florida DEP Arrests Man for Illegally Storing Hazardous Waste
Florida Department of Environmental Protection (DEP) law enforcement agents recently arrested a former owner of MAACO Auto Painting and Collision Repair in Fort Myers for illegally storing twenty 55-gallon drums of hazardous paint waste behind his business. Scott A. Stone, 37, of Bonita Springs, was charged with Illegal Storage of Hazardous Waste, a third degree felony punishable by up to five years imprisonment and/or a fine of up to $5,000.
“Mr. Stone lacked the necessary permits to store hazardous waste at his place of business and was non-compliant with several requests to remove the 2,653 pounds of waste from his property,” said DEP Division of Law Enforcement Director Henry Barnet. “Thanks to the timely notification made by our regulatory district office, we were able to solve this environmental crime in a quick and efficient manner.”
DEP’s three month investigation of Stone’s business revealed the illegal storage of hazardous paint waste behind his facility. Investigators discovered twenty 55-gallon drums of paint waste and eight 5-gallon buckets of unknown substances. Stone was notified of the storage violations and instructed to have the material removed from the property immediately. In a separate incident, Stone was evicted from the property by the landowner for non-payment of rent, at which time the waste had not been removed. At that time, the previous owner resumed ownership of MAACO Auto Painting and Collision Repair and allowed DEP to conduct lab testing of the materials still on the property. Tests of the substances came back positive for hazardous material. Stone was transported and booked at the county jain on May 19, 2009, and was released on $1500 bond.
Environmental crimes are violations of state or federal environmental laws that could impact public health and the environment, such as illegal dumping or improper disposal of used oil. Signs that an environmental crime has taken place could include corroded, leaking, or abandoned waste containers; fish kills; illegal debris dumping in a natural area; or foul smelling discharges, unsightly discharges, or visible sheens on the ground or water body.
Illegal solid and hazardous waste disposal is a primary focus of DEP’s Division of Law Enforcement as illegal dumping can adversely affect underlying aquifers, which are the source for more than 90 percent of the state’s drinking water supply.
Waste Water Treatment Plant Operator and Supervisor Sentenced for Falsifying Wastewater Samples
The former operator of the waste water treatment plant for the Town of Dallas, North Carolina, Kirby Dean Case, has been sentenced for violations of the federal Clean Water Act. His previous supervisor, George Wallace Hughes, III, has been sentenced for a misdemeanor violation of the Clean Water Act.
Case and Hughes previously pleaded guilty to violating the Act between the summer and December 12, 2007, by discharging pollutants from the Town of Dallas Waste Water Treatment Plant into the Dallas Branch of the Catawba River Basin. Case also pleaded guilty to making false material statements in documents required to be filed or maintained under the Clean Water Act, and aiding and abetting such false statements, through submission of reports to the North Carolina Department of Environment and Natural Resources that included falsified levels of chlorine, ammonia, fecal coliform, and other materials in samples taken from the Town of Dallas Waste Water Treatment Plant.
Case received a sentence of two months of home confinement, two years of supervised probation, 400 hours of community service, and was ordered to pay a $5,000 criminal fine. Hughes received a sentence of one year of supervised probation, 200 hours of community service, and was ordered to pay a $1,000 fine.
According to court records and proceedings, Case received credit at sentencing for assisting the government’s investigation and for testifying against Hughes at sentencing. Case testified that it was Hughes who directed him, among other things, to substitute drinking water in place of the samples that were supposed to be taken from the wastewater treatment plant and submitted for regulatory oversight.
“The integrity of our wastewater treatment systems is crucial to the quality of the water we all eventually drink,” said Edward R. Ryan, Acting U.S. Attorney for the Western District of North Carolina, when announcing the guilty pleas. “This case sends a message that people responsible for the system who compromise it will go to jail.”
“Complete and accurate waste water sampling data is essential to protect the public and the environment from the risk of polluted water,” said Maureen O’Mara, Special Agent in Charge of the EPA Criminal Investigation Division in Atlanta. “Individuals who submit false reports or bogus data undermine those efforts and they will be prosecuted.”
“We all depend on having safe, clean water,” said North Carolina Attorney General Roy Cooper. “Our SBI investigators are working closely with federal and state officials to protect our water and punish criminal polluters.”
Sears Auto Center Fined $2,445 for Violating Environmental Regulations
The Massachusetts Department of Environmental Protection (MassDEP) assessed a $2,445 penalty against Sears Auto Center in Barnstable, Massachusetts, for violating holding tank regulations and state hazardous waste regulations. Sears Auto Center performs basic auto repair and oil changes at the facility.
In March 2008, in response to a complaint, MassDEP conducted an inspection of the auto center and identified violations of the hazardous waste regulations related to manifest documentation and the waste holding tank. Waste oil is stored in the holding tank until it can be shipped off-site for proper disposal. A waste shipping manifest is required to ensure that the oil is handled and disposed of properly.
All required documentation regarding waste manifests and disposal of waste was subsequently submitted to MassDEP in October 2008.
A consent order signed with MassDEP requires Sears Roebuck and Company to complete an integrity assessment of the on-site holding tank and submit a compliance certificate to obtain final approval of the holding tank.
California ARB Approves Toolkit to Help Cut Climate Change Emissions and Save Money
The California Air Resources Board has approved a toolkit to help local governments reduce costs and aid in meeting the state’s ambitious greenhouse gas reduction goals.
“Local governments are uniquely equipped to cut climate change emissions,” said ARB Chairman Mary D. Nichols. “Their broad authority to control local activities that contribute emissions make them essential partners in reaching the state’s climate change goals.”
The toolkit gives guidance to local governments so they can take action to cut greenhouse gas emissions. Suggested actions include:
- Reduce emissions from municipal operations;
- Realize cost-savings from emission reduction strategies;
- Set policies for reductions at the community level;
- Estimate carbon emissions;
- Use available climate action templates;
- Replicate local government success stories; and,
- Use networking opportunities to partner with others.
Through the toolkit, local governments can learn from case studies how to successfully implement opportunities such as more walkable communities, purchasing power from renewable sources, and instituting energy retrofits for city- and county-owned buildings. In the next year, ARB staff will work with local governments to test-drive the toolkit and develop additional guidance. A small business toolkit was previously approved by the Board.
California is the first state in the nation to formally approve a comprehensive greenhouse gas reduction plan that is required under statute and that involves every sector of the economy.
Continuous Coating Corp. Honored for Slashing 70,000 Pounds of Lead from Their Facility
EPA and Congressman Ed Royce recently honored Orange, California-based Continuous Coating Corp. for removing 70,000 pounds of lead from their metallic electroplating and sheet metal manufacturing process. At a ceremony held at Continuous Coating’s offices, EPA and Congressman Royce honored Kenneth Harel, general plant manager, and Grace Meda, environmental coordinator, with EPA’s National Partnership for Environmental Priorities (NPEP) award in recognition of the removal of 70,000 pounds of lead by modifying their equipment, processes, and by using less toxic raw materials.
“By using more environmentally forward manufacturing techniques and consuming less toxic raw materials, Continuous Coating Corp. has earned its NPEP Achievement Award,” said Steven John, Director of EPA’s Southern CA Field Office. “Any time you remove 70,000 pounds of lead, you reduce the potential for employee and surrounding community health issues.”
“I applaud Continuous Coating Corporation for their successful efforts and I am pleased to recognize today their commitment to promoting a clean and healthy environment for their surrounding community,” said Congressman Royce.
Continuous Coating Corp. is a member of EPA’s NPEP, which is a voluntary partnership program focused on reducing the use of potentially hazardous priority chemicals from products and processes. The program’s goal is to work with industry and the public to reduce the use or release of four million pounds of priority chemicals by 2011.
Study Confirms Reduction of Air Pollution Extends Life
The California ARB heard the results of a recently published study in the New England Journal of Medicine that shows reducing air pollution improves life expectancy.
At its monthly hearings, the ARB is informed of research results that examine the relationship between air quality and health effects. This month’s study, investigating the association between fine particulate matter and life expectancy in 51 U.S. metropolitan areas, found that for every decrease of 10 micrograms per meter cubed of fine particulate matter, life expectancy increased by seven months. Since the late 1970s, improvements in health care, lifestyle, and diet have increased the average life expectancy in the United States by nearly three years. Air quality improvements alone accounted for nearly five months of that increase.
“This is a stark reminder of why California is aggressively moving to reduce air pollution,” said ARB Chairman Mary D. Nichols. “Life is not only longer with cleaner air, it’s healthier.”
Particulate matter is a blend of tiny particles that include elements such as carbon and metals; compounds such as nitrates, organic compounds and sulfates; and, complex mixtures such as diesel exhaust and soil. They can deposit deep in the lungs and contain substances that are particularly harmful to human health.
Along with reduced life expectancy, particulate matter has been linked to increased hospitalizations and emergency room visits for people with chronic heart or lung diseases such as chronic obstructive pulmonary disease, asthma, and heart and blood vessel disease.
The ARB and the 35 local air districts have adopted many measures that have reduced statewide concentrations of fine particulate matter by nearly 13 µg/m3 between 1987 and 2006. These reductions are expected to continue as recently adopted regulations curbing emissions from diesel engines come into effect over the coming decade.
EPA Announces New Requirements for Energy Efficient Commercial Griddles and Ovens
EPA has announced that commercial griddles and ovens earning the Energy Star label are approximately 10 to 20 percent more energy efficient than standard models. Energy Star qualified electric griddles can save businesses about $190 per year, while gas griddles can save an average of $175 per year. Qualified electric ovens can save about $190 per year, while gas ovens can save an average of $360 per year.
Outfitting an entire commercial kitchen with Energy Star qualified commercial food service equipment could save operators approximately $3,600 each year.
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Trivia Question of the Week
Acccording to the Swiss Federal Research Station in Schloss, what has been found to be a useful tool in tracing pollutants from domestic waste water?
a. Shampoo
b. Artificial sweeteners
c. Chocolate
d. Cola